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High Court of KeralaWP(C)/29972/2015disposed of

Jacob T.K. v. Institute Of Management Inf Goverment

2015-10-15Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 29972 of 2015 (V) ---------------------------- PETITIONER :

----------------------- JACOB.T.K., AGED 60 YEARS, S/O.KUNJUJU, JACOB'S CATERERS, T.C.12/179, MULAVANA JUNCTION, KUNNUKUZHY, VANCHIYOOR.P.O., THIRUVANANTHAPURAM - 695 035.

BY ADVS.SRI.NAIR AJAY KRISHNAN SRI.R.T.PRADEEP SMT.M.BINDUDAS RESPONDENT(S):

----------------------------

1. INSTITUTE OF MANAGEMENT IN GOVERNMENT (IMG), REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM - 695 033.

2. CHIEF SECRETARY/PRESIDENT, INSTITUTE OF MANAGEMENT IN GOVERNMENT (IMG), VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM - 695 033.

3. INDIAN RAILWAY CATERING & TOURISM CORPORATION LTD.(IRCTC), REPRESENTED BY ITS AREA MANAGER, AREA OFFICE, TRIVANDRUM CENTRAL RAILWAY STATION, THIRUVANANTHAPURAM - 695 001.

4. GEORGE, FRIENDS OF KOVALAM ASOKA STAFF SERVICES (FOKASS), NANTHENCODE, KOWDIAR.P.O., THIRUVANANTHAPURAM - 695 003.

R1 BY SRI.K.ANAND,SENIOR ADVOCATE ADV. SMT.LATHA ANAND R2 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 29972 of 2015 (V) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF CERTIFICATE ISSUED TO PETITIONER IN THIS REGARD WHICH IS NIL DATED.

EXT.P2:

TRUE COPY OF TENDER NOTICE DATED 6.8.2015 PUBLISHED IN MALAYALA MANORAMA DAILY.

EXT.P3:

TRUE COPY OF TENDER DOCUMENT NIL DATED.

EXT.P4:

TRUE COPY OF COMMERCIAL BID SUBMITTED BY PETITIONER. EXT.P5:

TRUE COPY OF REPRESENTATION DATED 29.9.2015 BEFORE THE GOVT. OF KERALA.

EXT.P6:

TRUE COPY OF NOTICE DATED 30.9.2015 TO 3RD RESPONDENT. EXT.P7:

TRUE COPY OF NOTICE DATED 30.9.2015 IN THIS REGARD BY 1ST RESPONDENT.

EXT.P8:

TRUE COPY OF THE NOTICE DATED 30/9/2015 ISSUED BY INSPECTION WING OF FINANCE DEPARTMENT.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 29972 of 2015 ---------------------------------------------------- Dated this the 15th day of October,2015

J U D G M E N T

------------------------- This matter pertains to the running of a canteen at the premises of the Institute of Management in Government (IMG). The petitioner, the 3rd respondent and the 4th respondent have took part in the tender process. The petitioner challenges the award of contract to the 4th respondent.

2.

The petitioner's essential argument is based on the fact that the 4th respondent is technically disqualified and the petitioner was not invited for negotiation to reduce the price offered by him. It is submitted that he could have made a better offer than the 4th respondent. It is also seen that the petitioner approached the Chief Secretary/ President of the IMG and as seen from Ext.P8 an enquiry has now ordered by the Chief Secretary.

3.

This Court is of the view that the Chief Secretary being the President of the 1st respondent shall take appropriate decision in the matter within a period of two weeks from the date of receipt of a copy of this judgment. Till a decision is taken by

W.P.(C).No.29972 of 2015 the Chief Secretary, temporary arrangement can be made by the 1st respondent either engaging 4th respondent or any other persons including the petitioner.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/